Schnuck v. Riales

Russell, Judge.

1. An appeal from the sustaining or overruling of a general demurrer to a petition is prematurely brought where there remains pending and undisposed of in the trial court a cross-action between the same parties. Chemetron Corp. v. Southern Nitrogen Co., 102 Ga. App. 577 (2) (117 SE2d 180). A fortiori, where the plaintiff, after filing suit against the defendant, dismissed his petition, but the defendant refused to dismiss his cross-action previously filed, even if it *648would be possible for the plaintiff to file a pleading in the nature of a special replication to the…